US (United States) Code. Title 10. Subtitle D: Air Force. Part II. Chapter 857: Decorations and awards

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 857 - DECORATIONS AND AWARDS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 857 - DECORATIONS AND AWARDS

.

-HEAD-

CHAPTER 857 - DECORATIONS AND AWARDS

-MISC1-

Sec.

8741. Medal of honor: award.

8742. Air Force cross: award.

8743. Distinguished-service medal: award.

8744. Medal of honor; Air Force cross; distinguished-service medal:

limitations on award.

8745. Medal of honor; Air Force cross; distinguished-service medal:

delegation of power to award.

8746. Silver star: award.

8747. Medal of honor; Air Force cross; distinguished-service cross;

distinguished-service medal; silver star: replacement.

8748. Medal of honor; Air Force cross; distinguished-service cross;

distinguished-service medal; silver star: availability of

appropriations.

8749. Distinguished flying cross: award; limitations.

8750. Airman's Medal: award; limitations.

8751. Service medals: issue; replacement; availability of

appropriations.

8752. Medals: posthumous award and presentation.

8754. Medal of honor: duplicate medal.

8755. (FOOTNOTE 1) Medal of honor: presentation of Medal of Honor

Flag.

(FOOTNOTE 1) So in original. Two sections 8755 have been

enacted.

8755. (FOOTNOTE 1) Korea Defense Service Medal.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title V, Sec. 543(d)(2), Dec. 2,

2002, 116 Stat. 2550, added item 8755 ''Korea Defense Service

Medal''.

Pub. L. 107-248, title VIII, Sec. 8143(c)(3)(B), Oct. 23, 2002,

116 Stat. 1571, added item 8755 ''Medal of honor: presentation of

Medal of Honor Flag''.

2001 - Pub. L. 107-107, div. A, title V, Sec. 553(c)(1)(B), Dec.

28, 2001, 115 Stat. 1116, added item 8754.

1960 - Pub. L. 86-593, Sec. 1(7), July 6, 1960, 74 Stat. 332,

substituted ''Air Force cross'' for ''distinguished-service cross''

in items 8742, 8744, and 8745, inserted ''Air Force cross;'' in

items 8747 and 8748, and substituted ''Airman's Medal'' for

''Soldier's Medal'' in item 8750.

EXTENSION OF TIME FOR AWARD OF DECORATION

For extension of time for award of decorations, or devices in

lieu of decorations, for acts or services performed in direct

support of military operations in Southeast Asia between July 1,

1958, and Mar. 28, 1973, see Pub. L. 93-469, Oct. 24, 1974, 88

Stat. 1422, set out as a note preceding section 3741 of this title.

For extension of time for award of decoration, or device in lieu

of decoration, for an act or service performed while on active duty

in military or naval forces, or while serving with such forces,

between June 27, 1950, and July 27, 1953, see act Aug. 2, 1956, ch.

877, 70 Stat. 933, set out as a note preceding section 3741 of this

title.

MERITORIOUS SERVICE MEDAL

Establishment of, see Ex. Ord. No. 11448, set out as a note

preceding section 1121 of this title.

-CITE-

10 USC Sec. 8741 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 857 - DECORATIONS AND AWARDS

-HEAD-

Sec. 8741. Medal of honor: award

-STATUTE-

The President may award, and present in the name of Congress, a

medal of honor of appropriate design, with ribbons and

appurtenances, to a person who, while a member of the Air Force,

distinguishes himself conspicuously by gallantry and intrepidity at

the risk of his life above and beyond the call of duty -

(1) while engaged in an action against an enemy of the United

States;

(2) while engaged in military operations involving conflict

with an opposing foreign force; or

(3) while serving with friendly foreign forces engaged in an

armed conflict against an opposing armed force in which the

United States is not a belligerent party.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 540; Pub. L. 88-77, Sec. 3(1),

July 25, 1963, 77 Stat. 94.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8741 10:1403. July 9, 1918, ch.

143, (8th par.

under ''Ordnance

Department''), 40

Stat. 870.

-------------------------------

The words ''That the provisions of existing law relating to the

award of medals of honor to officers, noncommissioned officers, and

privates of the Army be, and they hereby are, amended so that'', in

the Act of July 9, 1918, ch. 143 (8th par. under ''Ordnance

Department''), 40 Stat. 870, are not contained in 10:1403. They are

also omitted from the revised section as surplusage. The word

''member'' is substituted for the words ''officer or enlisted

man''. The word ''only'' is omitted as surplusage. The word

''award'' is inserted for clarity, since the President determines

the recipient of the medal in addition to presenting it.

AMENDMENTS

1963 - Pub. L. 88-77 enlarged the authority to award the medal of

honor, which was limited to those cases in which persons

distinguished themselves in action involving actual conflict with

an enemy, to permit its award for distinguished service while

engaged in an action against an enemy of the United States, while

engaged in military operations involving conflict with an opposing

foreign force, or while serving with friendly foreign forces

engaged in an armed conflict against an opposing armed force in

which the United States is not a belligerent party.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1074h, 8748, 8755 of this

title; title 18 section 704.

-CITE-

10 USC Sec. 8742 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 857 - DECORATIONS AND AWARDS

-HEAD-

Sec. 8742. Air Force cross: award

-STATUTE-

The President may award an Air Force cross of appropriate design,

with ribbons and appurtenances, to a person who, while serving in

any capacity with the Air Force, distinguishes himself by

extraordinary heroism not justifying the award of a medal of honor

-

(1) while engaged in an action against an enemy of the United

States;

(2) while engaged in military operations involving conflict

with an opposing foreign force; or

(3) while serving with friendly foreign forces engaged in an

armed conflict against an opposing armed force in which the

United States is not a belligerent party.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 540; Pub. L. 86-593, Sec. 1(1),

July 6, 1960, 74 Stat. 331; Pub. L. 88-77, Sec. 3(2), July 25,

1963, 77 Stat. 94.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8742 10:1406. July 9, 1918, ch.

143 (9th par. under

''Ordnance

Department''), 40

Stat. 870.

-------------------------------

The words ''but not in the name of Congress'' are omitted as

surplusage, since a medal is presented in the name of Congress only

if the law so directs. The words ''since the 6th day of April,

1917'' are omitted as executed. The word ''award'' is substituted

for the word ''present'' to cover the determination of the

recipients as well as the actual presentation of the medal, and to

conform to other sections of this chapter. The words ''or

herself'' are omitted, since, under section 1 of title 1, words

importing the masculine gender include the feminine. The words

''or who shall hereafter distinguish'' are omitted as surplusage.

AMENDMENTS

1963 - Pub. L. 88-77 enlarged the authority to award the Air

Force cross, which was limited to those cases in which persons

distinguished themselves in connection with military operations

against an armed enemy, to permit its award for extraordinary

heroism not justifying the award of a medal of honor, while engaged

in military operations involving conflict with an opposing foreign

force, or while serving with friendly foreign forces engaged in an

armed conflict against an opposing armed force in which the United

States is not a belligerent party.

1960 - Pub. L. 86-593 substituted ''Air Force cross'' for

''Distinguished-service cross'' in section catchline, and

substituted ''an Air Force cross'' for ''a distinguished-service

cross'' in text.

REFERENCES TO DISTINGUISHED-SERVICE CROSS AND SOLDIER'S MEDAL

CONSIDERED MADE TO AIR FORCE CROSS AND AIRMAN'S MEDAL

Section 3 of Pub. L. 86-593 provided that: ''References that

other laws, regulations, and orders make, with respect to the Air

Force, to the distinguished-service cross and the Soldier's Medal

shall be considered to be made to the Air Force cross and the

Airman's Medal, respectively.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8748 of this title.

-CITE-

10 USC Sec. 8743 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 857 - DECORATIONS AND AWARDS

-HEAD-

Sec. 8743. Distinguished-service medal: award

-STATUTE-

The President may award a distinguished-service medal of

appropriate design and a ribbon, together with a rosette or other

device to be worn in place thereof, to a person who, while serving

in any capacity with the Air Force, distinguishes himself by

exceptionally meritorious service to the United States in a duty of

great responsibility.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 540.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8743 10:1407. July 9, 1918, ch.

143 (10th par.,

less words after

1st semicolon,

under ''Ordnance

Department''), 40

Stat. 870.

-------------------------------

The words ''but not in the name of Congress'' are omitted as

surplusage, since a medal is presented in the name of Congress only

if the law so directs. The words ''since the 6th day of April,

1917'' are omitted as executed. The word ''award'' is substituted

for the word ''present'' to cover the determination of the

recipients as well as the actual presentation of the medal, and to

conform to other sections of this chapter. The words ''or

herself'' are omitted, since, under section 1 of title 1, words

importing the masculine gender include the feminine. The words

''or who shall distinguish'' are omitted as surplusage.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8748 of this title.

-CITE-

10 USC Sec. 8744 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 857 - DECORATIONS AND AWARDS

-HEAD-

Sec. 8744. Medal of honor; Air Force cross; distinguished-service

medal: limitations on award

-STATUTE-

(a) No more than one medal of honor, Air Force cross, or

distinguished-service medal may be awarded to a person. However,

for each succeeding act that would otherwise justify the award of

such a medal or cross, the President may award a suitable bar or

other device to be worn as he directs.

(b) Except as provided in subsection (d), no medal of honor, Air

Force cross, distinguished-service medal, or device in place

thereof, may be awarded to a person unless -

(1) the award is made within three years after the date of the

act justifying the award;

(2) a statement setting forth the distinguished service and

recommending official recognition of it was made within two years

after the distinguished service; and

(3) it appears from records of the Department of the Air Force

that the person is entitled to the award.

(c) No medal of honor, Air Force cross, distinguished-service

medal, or device in place thereof, may be awarded or presented to a

person whose service after he distinguished himself has not been

honorable.

(d) If the Secretary of the Air Force determines that -

(1) a statement setting forth the distinguished service and

recommending official recognition of it was made and supported by

sufficient evidence within two years after the distinguished

service; and

(2) no award was made, because the statement was lost or

through inadvertence the recommendation was not acted on;

a medal of honor, Air Force cross, distinguished-service medal, or

device in place thereof, as the case may be, may be awarded to the

person concerned within two years after the date of that

determination.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 540; Pub. L. 86-582, Sec. 1(3),

July 5, 1960, 74 Stat. 320; Pub. L. 86-593, Sec. 1(2), July 6,

1960, 74 Stat. 331.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8744(a) 8744(b) 10:1411. 10:1409 July 9, 1918, ch.

8744(c) (words before 1st 143 (12th par.,

semicolon). 10:1409 less words after 2d

(words after 2d semicolon, under

semicolon). ''Ordnance

Department'');

restated Jan. 24,

1920, ch. 55, Sec.

1 (less last

sentence), 41 Stat.

398.

July 9, 1918, ch.

143 (less words

between 1st and 2d

semicolons of 15th

par. under

''Ordnance

Department''), 40

Stat. 871.

-------------------------------

In subsection (a), the words ''may be awarded to a person'' are

substituted for the words ''shall be issued to any one person'' to

conform to the other subsections of the revised section.

In subsection (b), the word ''thereof'' is substituted for the

words ''of either of said medal or of said cross''. The words

''Except as otherwise prescribed in this section'', ''at the time

of'', ''specific'', ''official'', and ''has so distinguished

himself as'' are omitted as surplusage.

In subsection (c), 10:1409 (words after 3d semicolon) is omitted

as executed. The words ''hereinbefore authorized'' are omitted as

surplusage.

AMENDMENTS

1960 - Pub. L. 86-593 substituted ''Air Force cross'' for

''distinguished-service cross'' in section catchline and wherever

appearing in subsecs. (a) to (d).

Subsec. (b). Pub. L. 86-582, Sec. 1(3)(A), substituted ''Except

as provided in subsection (d), no'' for ''No''.

Subsec. (d). Pub. L. 86-582, Sec. 1(3)(B), added subsec. (d).

PERSONS AWARDED DISTINGUISHED-SERVICE CROSS OR SOLDIER'S MEDAL

BEFORE JULY 6, 1960

Section 2 of Pub. L. 86-593 provided that: ''For the purposes of

sections 8744(a) and 8750(b) of title 10, United States Code, a

person who was awarded a distinguished-service cross or Soldier's

Medal before the date of enactment of this Act (July 6, 1960) shall

be treated as if he had not been awarded an Air Force cross or

Airman's Medal, as the case may be.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8748 of this title.

-CITE-

10 USC Sec. 8745 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 857 - DECORATIONS AND AWARDS

-HEAD-

Sec. 8745. Medal of honor; Air Force cross; distinguished-service

medal: delegation of power to award

-STATUTE-

The President may delegate his authority to award the medal of

honor, Air Force cross, and distinguished-service medal, to a

commanding general of a separate air force or higher unit in the

field.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 541; Pub. L. 86-593, Sec. 1(3),

July 6, 1960, 74 Stat. 332.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8745 10:1410. July 9, 1918, ch.

143 (16th par.,

less words after

semicolon, under

''Ordnance

Department''), 40

Stat. 872.

-------------------------------

The words ''under such conditions, regulations, and limitations

as he shall prescribe'' are omitted as surplusage. The words ''his

authority'' are substituted for the words ''the power conferred

upon him by sections 1403, 1406-1408, 1409-1412, 1416, 1420, 1422,

1423, and 1424 of this title''.

AMENDMENTS

1960 - Pub. L. 86-593 substituted ''Air Force cross'' for

''distinguished-service cross'' in section catchline and in text.

-CITE-

10 USC Sec. 8746 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 857 - DECORATIONS AND AWARDS

-HEAD-

Sec. 8746. Silver star: award

-STATUTE-

The President may award a silver star of appropriate design, with

ribbons and appurtenances, to a person who, while serving in any

capacity with the Air Force, is cited for gallantry in action that

does not warrant a medal of honor or Air Force cross -

(1) while engaged in an action against an enemy of the United

States;

(2) while engaged in military operations involving conflict

with an opposing foreign force; or

(3) while serving with friendly foreign forces engaged in an

armed conflict against an opposing armed force in which the

United States is not a belligerent party.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 541; Pub. L. 88-77, Sec. 3(3),

July 25, 1963, 77 Stat. 95.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8746 10:1412. July 9, 1918, ch.

143 (words after 2d

semicolon of 12th

par. under

''Ordnance

Department'');

restated Jan. 24,

1920, ch. 55, Sec.

1 (last sentence);

restated Dec. 15,

1942, ch. 736, 56

Stat. 1052.

-------------------------------

The words ''may award'' are inserted to conform to other sections

of this chapter. The words ''if the person earned'' are inserted

for clarity. The words ''commanded by'' are omitted as surplusage.

AMENDMENTS

1963 - Pub. L. 88-77 substituted provisions permitting the

issuance of a silver star for gallantry while engaged in an action

against an enemy of the United States, while engaged in military

operations involving conflict with an opposing foreign force, or

while serving with friendly foreign forces engaged in an armed

conflict against an opposing armed force in which the United States

is not a belligerent party, and requiring it to be of appropriate

design, for provisions which authorized the issuance of the silver

star for gallantry in action and which required that the silver

star be three-sixteenths of an inch in diameter, the citation

thereof be published in orders issued from the headquarters of a

force that is the appropriate command of a general officer, and

that it be worn as directed by the President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8748 of this title.

-CITE-

10 USC Sec. 8747 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 857 - DECORATIONS AND AWARDS

-HEAD-

Sec. 8747. Medal of honor; Air Force cross; distinguished-service

cross; distinguished-service medal; silver star: replacement

-STATUTE-

Any medal of honor, Air Force cross, distinguished-service cross,

distinguished-service medal, or silver star, or any bar, ribbon,

rosette, or other device issued for wear with or in place of any of

them, that is stolen, lost, or destroyed, or becomes unfit for use,

without fault or neglect of the person to whom it was awarded,

shall be replaced without charge.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 541; Pub. L. 86-593, Sec. 1(4),

July 6, 1960, 74 Stat. 332; Pub. L. 107-107, div. A, title V, Sec.

553(c)(2), Dec. 28, 2001, 115 Stat. 1116.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8747 10:1416. July 9, 1918, ch.

143 (14th par.

under ''Ordnance

Department''), 40

Stat. 871.

-------------------------------

The words ''issued for wear with or in place of any of them'' are

inserted for clarity. The words ''presented under the provisions

of this title'' and ''such medal, cross, bar, ribbon, rosette, or

device'' are omitted as surplusage.

AMENDMENTS

2001 - Pub. L. 107-107 substituted ''stolen, lost,'' for

''lost''.

1960 - Pub. L. 86-593 inserted ''Air Force cross'' in section

catchline and in text.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8748 of this title; title

18 section 704.

-CITE-

10 USC Sec. 8748 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 857 - DECORATIONS AND AWARDS

-HEAD-

Sec. 8748. Medal of honor; Air Force cross; distinguished-service

cross; distinguished-service medal; silver star: availability

of appropriations

-STATUTE-

The Secretary of the Air Force may spend, from any appropriation

for contingent expenses of the Department of the Air Force, amounts

necessary to provide medals and devices under sections 8741, 8742,

8743, 8744, 8746, 8747, and 8752 of this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 541; Pub. L. 86-593, Sec. 1(5),

July 6, 1960, 74 Stat. 332.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8748 10:1424. July 9, 1918, ch.

143 (13th par.

under ''Ordnance

Department''), 40

Stat. 871.

-------------------------------

The word ''amounts'' is substituted for the words ''so much as

may be''. The word ''provides'' is substituted for the words

''defray the cost of''. The words ''medals and devices under'' are

substituted for the words ''medals of honor, distinguished-service

crosses, distinguished-service medals, bars, rosettes, and other

devices provided for in''. The words ''from time to time'' are

omitted as surplusage.

AMENDMENTS

1960 - Pub. L. 86-593 inserted ''Air Force cross'' in section

catchline.

-CITE-

10 USC Sec. 8749 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 857 - DECORATIONS AND AWARDS

-HEAD-

Sec. 8749. Distinguished flying cross: award; limitations

-STATUTE-

(a) The President may award a distinguished flying cross of

appropriate design with accompanying ribbon to any person who,

while serving in any capacity with the Air Force, distinguishes

himself by heroism or extraordinary achievement while participating

in an aerial flight.

(b) Not more than one distinguished flying cross may be awarded

to a person. However, for each succeeding act that would otherwise

justify the award of such a cross, the President may award a

suitable bar or other device to be worn as he directs.

(c) No distinguished flying cross, or device in place thereof,

may be awarded or presented to a person whose service after he

distinguished himself has not been honorable.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 541.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8749(a) 8749(b) 10:1429 (less 2d and July 2, 1926, ch.

8749(c) last sentences). 721, Sec. 12 (less

10:1429 (2d 1st 49 words of

sentence). 10:1429 last sentence), 44

(last sentence, Stat. 789; July 30,

less 1st 49 words). 1937, ch. 545, Sec.

4, 50 Stat. 549.

-------------------------------

In subsection (a), the words ''under such rules and regulations

as he may prescribe'' are omitted, since the President has inherent

authority to issue regulations appropriate to exercising his

functions. The words ''but not in the name of Congress'' are

omitted as surplusage, since a medal is presented in the name of

Congress only if the law so directs. The word ''award'' is

substituted for the word ''present'' to cover the determination of

the recipients as well as the actual presentation of the medal.

The words ''since the 6th day of April, 1917, has distinguished, or

who, after July 2, 1926'' and 10:1429 (proviso of 1st sentence) are

omitted as executed.

-CITE-

10 USC Sec. 8750 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 857 - DECORATIONS AND AWARDS

-HEAD-

Sec. 8750. Airman's Medal: award; limitations

-STATUTE-

(a)(1) The President may award a decoration called the ''Airman's

Medal'', of appropriate design with accompanying ribbon, to any

person who, while serving in any capacity with the Air Force,

distinguishes himself by heroism not involving actual conflict with

an enemy.

(2) The authority in paragraph (1) includes authority to award

the medal to a member of the Ready Reserve who was not in a duty

status defined in section 101(d) of this title when the member

distinguished himself by heroism.

(b) Not more than one Airman's Medal may be awarded to a person.

However, for each succeeding act that would otherwise justify the

award of such a medal, the President may award a suitable bar or

other device to be worn as he directs.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 542; Pub. L. 86-593, Sec. 1(6),

July 6, 1960, 74 Stat. 332; Pub. L. 105-85, div. A, title V, Sec.

574(c), Nov. 18, 1997, 111 Stat. 1758.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8750(a) 10:1428 (less last July 2, 1926, ch.

sentence). 721, Sec. 11, 44

Stat. 789.

8750(b) 10:1428 (last

sentence).

-------------------------------

The words ''Under such rules and regulations as he may

prescribe'' are omitted, since the President has inherent authority

to issue regulations appropriate to exercising his functions. The

words ''but not in the name of Congress'' are omitted as

surplusage, since a medal is presented in the name of Congress only

if the law so directs. The word ''award'' is substituted for the

word ''present'' to cover the determination of the recipients as

well as the actual presentation of the medal. The words ''a

decoration called'' are substituted for the words ''a medal to be

known as''. The words ''including the National Guard and the

Organized Reserves'' are omitted as surplusage. The words ''or

herself'' are omitted, since, under section 1 of title 1, words

importing the masculine gender include the feminine. The words

''after July 2, 1926'' are omitted as executed.

In subsection (b), the words ''that would otherwise justify'' are

substituted for the words ''sufficient to''.

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-85 designated existing provisions

as par. (1) and added par. (2).

1960 - Pub. L. 86-593 substituted ''Airman's Medal'' for

''Soldier's Medal'' in section catchline and wherever appearing in

text.

-CITE-

10 USC Sec. 8751 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 857 - DECORATIONS AND AWARDS

-HEAD-

Sec. 8751. Service medals: issue; replacement; availability of

appropriations

-STATUTE-

(a) The Secretary of the Air Force shall procure, and issue

without charge to any person entitled thereto, any service medal

authorized for members of the Air Force after September 26, 1947,

and any ribbon, clasp, star, or similar device prescribed as a part

of that medal.

(b) Under such regulations as the Secretary may prescribe, any

medal or other device issued under subsection (a) that is lost,

destroyed, or becomes unfit for use without fault or neglect of the

owner, may be replaced at cost. However, if the owner is a member

of the Air Force, the medal or device may be replaced without

charge.

(c) The Secretary may spend, from any appropriation for the

support of the Air Force, amounts necessary to provide medals and

devices under this section.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 542.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8751(a) 8751(b) 10:1415a (less 21st May 12, 1928, ch.

8751(c) through 30th words, 528, Sec. 1 (less

and less clauses 25th through 34th

(a) through (n)). words, and less

10:1415b (less clauses (a) through

applicability to (n)), 2 (less

10:1415a (clauses applicability to

(a) through (n))). Sec. 1 (clauses (a)

10:1415c (less through (n))), 3

applicability to (less applicability

10:1415a (clauses to Sec. 1 (clauses

(a) through (n))). (a) through (n))),

45 Stat. 500.

-------------------------------

In subsection (a), the words ''authorized for members of the Air

Force after September 26, 1947'' are substituted for the words

''hereafter authorized'', since, under Transfer Order 1, that date

was the effective date of the transfer of personnel from the Army

to the Air Force under section 208(e) of the National Security Act

of 1947, as amended (5 U.S.C. 626c(e)). 10:1415a (proviso) is

omitted as surplusage, since the revised section is not limited to

persons who are members of the Air Force at the time of the issue.

In subsection (b), the words ''member of the Air Force'' are

substituted for the words ''persons in the military service of the

United States''.

In subsection (c), the last 16 words are substituted for 10:1415c

(last 16 words).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8752 of this title.

-CITE-

10 USC Sec. 8752 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 857 - DECORATIONS AND AWARDS

-HEAD-

Sec. 8752. Medals: posthumous award and presentation

-STATUTE-

(a) If a person dies before the award of a medal of honor,

distinguished-service cross, distinguished-service medal,

distinguished flying cross, or device in place thereof, to which he

is entitled, the award may be made and the medal or device

presented to his representative, as designated by the President.

(b) If a person dies before an authorized service medal or device

prescribed as a part thereof is presented to him under section 8751

of this title, it shall be presented to his family.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 542; Pub. L. 85-861, Sec.

33(a)(23), Sept. 2, 1958, 72 Stat. 1565.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

8752(a) 8752(b) 10:1409 (words July 9, 1918, ch.

between 1st and 2d 143 (words between

semicolons). 1st and 2d

10:1429 (1st 49 semicolons of 15th

words of last par. under

sentence). 10:1415a ''Ordnance

(21st through 30th Department''), 40

words, less Stat. 871. July 2,

applicability to 1926, ch. 721, Sec.

clauses (a) through 12 (1st 49 words of

(n)). last sentence), 44

Stat. 789; July 30,

1937, ch. 545, Sec.

4, 50 Stat. 549.

May 12, 1928, ch.

528, Sec. 1 (25th

through 34th words,

less applicability

to clauses (a)

through (n)), 45

Stat. 500.

-------------------------------

In subsection (a), the words ''If a person'' are substituted for

the words ''In case an individual * * * dies'', in 10:1409, and

''In case an individual * * * shall have died'', in 10:1429. The

words ''within three years from the date'', in 10:1409, are omitted

as covered by section 8744 of this title. The words ''who shall

distinguish himself'', in 10:1409, and ''who distinguishes

himself'', in 10:1429, are omitted as covered by the words ''the

award * * * to which he is entitled''.

1958 ACT

The change reflects the fact that the source statute for these

sections (sec. 1 of the Act of May 12, 1928, ch. 528, 45 Stat. 500)

was mandatory and not merely permissive.

AMENDMENTS

1958 - Subsec. (b). Pub. L. 85-861 substituted ''it shall be

presented'' for ''it may be presented''.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section

33(g) of Pub. L. 85-861, set out as a note under section 101 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8748, 8755 of this title.

-CITE-

10 USC Sec. 8754 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 857 - DECORATIONS AND AWARDS

-HEAD-

Sec. 8754. Medal of honor: duplicate medal

-STATUTE-

A person awarded a medal of honor shall, upon written application

of that person, be issued, without charge, one duplicate medal of

honor with ribbons and appurtenances. Such duplicate medal of

honor shall be marked, in such manner as the Secretary of the Air

Force may determine, as a duplicate or for display purposes only.

-SOURCE-

(Added Pub. L. 107-107, div. A, title V, Sec. 553(c)(1)(A), Dec.

28, 2001, 115 Stat. 1116.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 704.

-CITE-

10 USC Sec. 8755 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 857 - DECORATIONS AND AWARDS

-HEAD-

Sec. 8755. (FOOTNOTE 1) Medal of honor: presentation of Medal of

Honor Flag

-STATUTE-

(FOOTNOTE 1) Another section 8755 is set out after this section.

The President shall provide for the presentation of the Medal of

Honor Flag designated under section 903 of title 36 to each person

to whom a medal of honor is awarded under section 8741 of this

title after October 23, 2002. Presentation of the flag shall be

made at the same time as the presentation of the medal under

section 8741 or 8752(a) of this title.

-SOURCE-

(Added Pub. L. 107-248, title VIII, Sec. 8143(c)(3)(A), Oct. 23,

2002, 116 Stat. 1570; amended Pub. L. 107-314, div. A, title X,

Sec. 1062(a)(16), Dec. 2, 2002, 116 Stat. 2650.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-314 substituted ''October 23, 2002'' for ''the

date of the enactment of this section''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 36 section 903.

-CITE-

10 USC Sec. 8755 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 857 - DECORATIONS AND AWARDS

-HEAD-

Sec. 8755. (FOOTNOTE 1) Korea Defense Service Medal

-STATUTE-

(FOOTNOTE 1) Another section 8755 is set out preceding this

section.

(a) The Secretary of the Air Force shall issue a campaign medal,

to be known as the Korea Defense Service Medal, to each person who

while a member of the Air Force served in the Republic of Korea or

the waters adjacent thereto during the KDSM eligibility period and

met the service requirements for the award of that medal prescribed

under subsection (c).

(b) In this section, the term ''KDSM eligibility period'' means

the period beginning on July 28, 1954, and ending on such date

after the date of the enactment of this section as may be

determined by the Secretary of Defense to be appropriate for

terminating eligibility for the Korea Defense Service Medal.

(c) The Secretary of the Air Force shall prescribe service

requirements for eligibility for the Korea Defense Service Medal.

Those requirements shall not be more stringent than the service

requirements for award of the Armed Forces Expeditionary Medal for

instances in which the award of that medal is authorized.

-SOURCE-

(Added Pub. L. 107-314, div. A, title V, Sec. 543(d)(1), Dec. 2,

2002, 116 Stat. 2550.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this section, referred to in subsec.

(b), is the date of enactment of Pub. L. 107-314, which was

approved Dec. 2, 2002.

-CITE-